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901:1-18-01 Chapter’s Application

(A) Animals listed in this chapter when moved or imported into Ohio for exhibition purposes only shall comply with the requirements of this chapter and when in compliance with provisions of this chapter shall, with the exception of rules governing movement and importation of quarantined animals, be exempt from any other rules governing movement with or importation into Ohio.

(B) Animals moved within or imported into Ohio for any purpose in addition to exhibition shall meet all movement and import requirements of Chapter 901:1-17 of the Administrative Code.

901:1-18-02 Definitions As used in this chapter:

(A) “Exhibition” means any public show of animals which is sponsored by or under the control of an Ohio county or independent agricultural society organized under Chapter 1711. of the Revised Code; or the Ohio State Fair or which is assembled for a period which exceeds thirty-six hours or contains animals of origins other than Ohio.

(B) “Certificate of Veterinary Inspection” means a form from the state of origin which has been issued and completed by a licensed accredited veterinarian attested to the health status and identification of an animal listed thereon.

(C) “Approved Veterinarian” means any licensed and accredited veterinarian approved by the Ohio Department of Agriculture, or an employee of the Ohio Department of Agriculture of the United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services.

(D) “Licensed and Accredited Veterinarian” means a person who is licensed by the State of Ohio to practice veterinary medicine and who is certified by the United States Department of Agriculture, Agricultural Research Service, to be an accredited veterinarian.

(E) “Residue” means any poisonous or deleterious pesticide governed by 40 C.F.R. 180, any poisonous or deleterious substance governed by 21 C.F.R. 109.6, or any other substance governed by 21 C.F.R. 556.

(F) “Contagious or Infectious Disease” means any disease, including any foreign animal disease, or vector, capable of transmission by any means from a farrier animal to a human or to another animal and includes dangerously contagious or infectious diseases.

(G) “Tuberculosis accredited free herd” is one that has passed at least two consecutive annual negative official tests for tuberculosis in accordance with the “Uniform Methods and Rules – Bovine Turbuculosis Eradication”, and has no other evidence of bovine tuberculosis.

901:1-18-03 Exhibitions: Sanitation, Inspection and Records (A) Each entity sponsoring an exhibition shall have in

attendance an approved veterinarian for the duration of the exhibit. (B) Each entity sponsoring an exhibition shall:
(1) Immediately, prior to an exhibition and under the

direction of the approved veterinarian, thoroughly clean and disinfect each building, pen, stall, ring or other enclosure in which animals are to be quartered for exhibition;

(2) Have the approved veterinarian:

(a) Examine the certificate of veterinary inspection when required for an animal brought to the exhibition;

(b) Inspect within a reasonable time of arrival each animal brought to the exhibit for symptoms of any infectious or contagious diseases;

(c) Daily inspect each animal present at the exhibition for symptoms for infectious or contagious disease.

(3) Maintain a record for one year from the date of the exhibition of each animal present at the exhibit. The record shall contain the name and address of the owner of each animal and the species and breed of the animal.

(4) May order the immediate removal of any animal which in the opinion of the approved veterinarian places other animals at unacceptable risk of disease.

(C) An exemption from the requirements of paragraph (B) (1) of this rule may be requested from the department and will be granted when, in the judgment of the department, cleaning and disinfection will serve no purpose. By way of example only, cleaning

and disinfection will generally serve no purpose in a newly constructed building that has never been occupied.

901:1-18-04 Exhibitors

(A) No person shall present for exhibition or exhibit an animal which he knows or has reason to suspect is affected with or has been exposed to a dangerously contagious or infectious disease or residue.

(B) The owner or bailee of an animal with symptoms of an infectious or contagious disease shall, when directed by an exhibition official, the approved veterinarian, or an employee of the Ohio Department of Agriculture, immediately remove the animal from the exhibition premises.

C) Upon request, each person who presents for exhibition or exhibits an animal, shall make available any certificate of veterinary inspection, registration certificate, vaccination certificate and other documents to exhibition officials, the approved veterinarian or an employee of the Ohio Department of Agriculture.

(D) Each person who presents for exhibition or exhibits an animal for which a certificate of veterinary inspection is required by rules 901:1-19-01 to 901:1-18-11 of the Administrative code shall forward a copy of the certificate of veterinary inspection to the Ohio Department of Agriculture’s Division of Animal Industry.

901:1-18-05 Poultry and Fowl

(A) All turkeys, chickens and gamebirds moved within or imported into Ohio for exhibition must:

(1) Originate directly from a flock or hatchery which is a participant in the National Poultry Improvement Plan for the Eradication of Disease an be accompanied by documentary evidence that they meet the requirement of this paragraph: or

(2) Originate directly from a flock which has had a negative test for pullorum/fowl typhoid disease within twelve months preceding the opening date of exhibition and be accompanied by documentary evidence that they meet the requirement of this paragraph; or

(3) Have had a negative test for pullorum/fowl typhoid disease, within ninety days, preceding the opening date of the exhibition and be accompanied by documentary evidence that they meet the requirement of this paragraph; or

(4) Be tested for pullorum/fowl typhoid disease upon arrival at the exhibition by a tester approved by the Ohio Department of Agriculture and found negative.

(B) The rapid whole blood test shall not be used to test turkeys for compliance with the requirements of paragraph (A) (2),

(A) (3) and (A) (4) of this rule.
(C) Waterfowl, doves and pigeons are exempt from this rule.

901:1-18-06 Cattle

(A) Cattle moved within Ohio for exhibition:
(1) The animals presented for exhibition must show no symptoms or evidence of

an infectious or contagious disease.
(B) All cattle imported into Ohio for exhibition must:

(1) Be accompanied by a certificate of veterinary inspection issued within thirty days preceding the opening date of the exhibition;

(2) Originate from a tuberculosis-accredited free herd, an accredited free state or zone, or a modified accredited advanced state or zone;

(3) If originate from a modified accredited state or zone must comply with Rule 901:1-17-03 of the Administrative Code;

(4) If originate from an accreditation preparatory or a non-accredited state or zone are prohibited from exhibition;

(5) If from a brucellosis class A state or area/zone must be negative to an official brucellosis test within thirty days of the opening date of the exhibition unless: they are under six months of age, steers, or official vaccinates under twenty months of age (dairy) or twenty-four months of age (beef); and

(6) If from a brucellosis class B or C state or area/zone must meet all requirements for pre-entry testing as specified in 9 C.F.R. 78.9 and obtain on Ohio permit prior to movement.

(C) Cattle from a brucellosis certified free herd or class free state or area/zone are not required to be brucellosis tested.

2019 Auglaize County Fair Page 95

901:1-18-07 GOATS

(A) Goats moved within Ohio for exhibition:
The animal presented for exhibition must show no symptoms or evidence of an

infectious or contagious disease.
(B) Goats imported into Ohio for exhibition:

(1) Must be accompanied by a certificate of veterinary inspection issued within thirty days preceding the opening date of the exhibition;

(2) The animal presented for exhibition must show no symptoms or evidence of an infectious or contagious disease; and

(3) The owner and the veterinarian must attest to the following statement written on the certificate of veterinary inspection “the goats in this shipment are not known to be under any movement restrictions because of scrapie.”

(4) Originate from a tuberculosis accredited free herd as defined in rule 901-18-02 (G) of the Administrative Code for bovine tuberculosis eradication; or

(5) Originate from a bovine accredited free state or zone, or a bovine modified accredited advanced state or zone; or

(6) Originate from a bovine modified accredited state or zone must comply with Rule 901:1-17-06 of the Administrative Code.

(C) If originate from a bovine accreditation preparatory or a bovine non-accredited state or zone are prohibited from exhibition.

901:1-18-08 Horses, Mules and Ponies

(A) Horses, Mules and ponies moved within Ohio for Exhibition:
(1) If not under quarantine and if they are free of any signs of a contagious or

infectious disease; and
(2) If the animal is twelve months of age or older, the exhibition manager may

require that the animal has been tested and classed negative to an official test for equine infectious anemia within twelve months of the opening date of the exhibition.

(B) Horses, Mules and ponies imported into Ohio for exhibition:
(1) Shall be accompanied by an official certificate of veterinary inspection issued

within thirty days of the opening date of the exhibition or obtain a permit for extended time granted by the chief of the division of animal industry as authorized in paragraph (C) of rule 901:1-17-01 of the Administrative Code; and

(2) If the animal is twelve months of age or older, it shall be accompanied by evidence the animal was negative to an official test for equine infectious anemia within twelve months of the opening date of the exhibition; and

(3) Upon request by an authorized representative of the Ohio Department of Agriculture, the person responsible for each animal must make available a chronological list of dates, places and events attended by this animal within thirty days prior to entry into Ohio.

901:1-18-09 Sheep

(A) Sheep moved within Ohio for exhibition:The Animal presented for exhibition must show no symptoms or evidence of infectious or contagious disease.

(B) Sheep imported into Ohio for exhibition:
(1) Must have a certificate of veterinary inspection issued within ninety days pre-

ceding the exhibition opening date of the exhibition; and
(2) The animal presented for exhibition must show no symptoms or evidence of

infectious or contagious disease; and
(3) The owner and the veterinarian must attest to the following statement written on

the certificate of veterinary inspection “the sheep in this shipment are not known to be under any movement restrictions because of scrapie.”

901:1-18-10 Swine

(A) Swine moved within Ohio for exhibition:
(1) At a terminal show must:
(a) Show no symptoms or evidence of an infectious or contagious disease; and
(b) Originate from a county which sixty days prior to the exhibition opening date had

no pseudorabies quarantined herds; and
(c) Have no breeding swine present and all swine removed are delivered for immediate slaughter or to a licensed livestock facility.
(d) Notwithstanding any other provisions of these rules, the manager or sponsor of

the exhibition may, prior to permitting the exhibition of any porcine animal at a terminal show require proof, for example a VS form 4-33, animal disease diagnostic laboratory submission form, or a certificate of veterinary inspection, the animal has been tested and classed “negative” to an official test for pseudorabies within forty-five days immediately preceding the opening date of the exhibition.

(2) At all other shows, must be accompanied by a certificate of veterinary inspection issued within forty-five days preceding the exhibition opening date; and Must be negative to an official pseudorabies test within forty-five days of the exhibition opening date unless; (a) They orginate immediately and directly from a pseudorabies qualified herd; or

(b) Are suckling pigs accompanying a negative dam; or

(c) They orginate from a pseudorabies vaccinated herd and meet the following conditions:

(i) the herd has had a negative monitored test within twelve months, and

(ii) the swine presented for show are negative to a pseudorabies differential test; or (3) Will be exempt from the requirement of a certificate of veterinary inspection if they originate immediately and directly from a stage V area and show no symptoms or evidence of an infectious or contagious disease.

(4) Are exempted by a written permit issued by the department. (B) Swine imported into Ohio for exhibition:

(1) Must be accompanied by a certificate of veterinary inspection issued within thirty days preceding the exhibition opening date; and

(2) Be negative to an official pseudorabies test within thirty days of the exhibition opening date unless:

(a) They originate immediately and directly from a stage V area or from an area or country recognized by United States Department of Agriculture, animal plant health inspection service, veterinary serves as pseudorabies free; or

(b) They orginate immediately and directly from a pseudorabies qualified herd and have not been previously exhibited this show season; or

(c) Are exempted by a written permit issued by the department. (C) Swine moved within or imported into Ohio for racing shall:

(1) Be separated at all times from any other swine on the exhibition grounds by the greatest distance reasonably possible; and

(2) Be accompanied by a certificate of veterinary inspection issued within thirty days preceding the opening date of the exhibition; and

(3) Be negative to an official pseudorabies test within thirty days of the exhibition opening date unless:

(a) They originate immediately and directly from a stage V area or from an area or country recognized by United States Department of Agriculture, animal plant health inspection service, veterinary serves as pseudorabies free; or

(b) They orginate immediately and directly from a pseudorabies qualified herd and have not been previously exhibited this show season;

(c) Are exempt by written permit issued by the Department.
(4) Be exempt from the immediate slaughter requirement of paragraph (A) (c) of this

rule.

901:1-18-11 Llama

(A) Llama moved within Ohio for exhibition when presented for exhibition must show no symptoms or evidence of infectious orcontagious disease.

(B) Llama imported into Ohio for exhibition:
(1) Must be accompanied by a certificate of veterinary inspection issued within

ninety days preceding the exhibition opening date.
(2) When presented for exhibition must show no symptoms or evidence of contagious disease.

20202109 SEASON
OHIO’S LIVESTOCK TAMPERING EXHIBITION RULES

901:19-01 Definitions

As used in Chapter 901-19 of the Administrative Code:
(A) “Accessory reproductive tissue” includes but is not limited to epididymis.
(B) “Agricultural society” or “society” means a county agricultural society or an independent agricultural society that is organized under the laws of the state of Ohio.
(C) “Approved” when used in reference to drugs, means approval by the United States

food and drug administration for use in the species indicated on the label.
(D) “Breed show or class” means a show or class limited to breeding stock of a specific breed of livestock.
(E) “Class” means a division within a show or exhibition as defined by a sponsor.
(F) “Department” means the department of agriculture created under section 121.02

of the Revised Code.
(G) “Designee” when used in reference to an exhibitor, means a member of the

exhibitor’s family or household or any other registered or authorized representative of the exhibitor.

(H) “Director” means the director of agriculture appointed pursuant to section 121.03 of the Revised Code.

(I) “Drug” means drug as defined in division (C) of section 4729.02 of the Revised Code and its metabolites.

(J) “Drug use notification form” means the document completed in accordance with rule 901-19-06 of the Administrative Code.

(K) “Exhibition drug residue legal” means an animal has not been

 

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administered a drug; or if administered a drug the withdrawal period has elapsed at the time the drug use notification form is completed.

(L) “Exhibitor” means any person who shows, displays, or exhibits livestock at an exhibition.

(M) “Extra label use” means the actual or intended use of a drug in livestock in a manner other than in accordance with the drug label directions.

(N) “Fair” means the annual exhibition held by the Ohio expositions commission, pursuant to division (A)(1) of section 991.03 of the Revised Code, or a county agricultural society or independent agricultural society, as reported to the director pursuant to rule 901-5-11 of the Administrative Code.

(O) “Family” means the immediate family of an exhibitor, including but not limited to the exhibitor’s parent, step-parent, foster parent, grandparent, step-grandparent, foster grandparent, brother, sister, step-brother, half-brother, son, daughter, step-son, step-daughter, or guardian.

(P) “Grand champion” means the highest placing livestock entry of a show.
(Q) “Household” means the permanent residence address of the exhibitior.
(R) “Immediately” means the time period between the cessation of administration

of a drug and the point at which drug residues in the livestock are within tolerance levels or at zero tolerance, unless a safe level has been established by the United States food and drug administration.

(S) “Internal rule” means any rule adopted by a sponsor or applicable to the sponsor’s exhibition, and includes all mandatory rules and those optional rules from which the sponsor does not exempt itself or its exhibition.

(T) “Junior livestock show” means a show limited to exhibitors nine years of age or in the third grade through nineteen years of age, or as authorized to participate in either 4-H, FFA or other youth organization.

(U) “Label” means the attached label or the accompanying brochure that lists the approved species, dose, route of administration, withdrawal time and any cautionary statement; a prescription label; the requirements of labeling for an extra label use drug as permitted by the United States food and drug administration; and information provided by the food animal residue avoidance databank (FARAD).

(V) “Licensed livestock facility” means a livestock facility licensed pursuant to Chapter 943, of the Revised Code or a similar law of another state.

(W) “Mandatory rule” means any rule adopted by the director relating to foof safety or the health, safety, or welfare of livestock and from which a sponsor may not exempt itself or its exhibition.

(X) “Market livestock” means exhibition livestock bred, raised and intended for slaughter for food purposes.

(Y) “Non-terminal show” means a show in which no livestock is required to be slaughtered.

(Z) “Original rule” means any rule adopted by the director from which a sponsor may exempt itself or its exhibition.

(AA) “Outstanding market project” means the exhibitor ranking highest in the outstanding market project competition in a show.

(BB) “Over the counter drug” means any drug that lawfully may be purchased without a prescription.

(CC) “Partial terminal show” means a show in which no fewer than the grand champion and reserve grand champion in each show or market class of livestock are sent directly to slaughter or to a licensed livestock facility no later than or immedi- ately following the conclusion of the exhibition.

(DD) “Prescription” means prescription as defined in division (G) of section 4729l02 of the Revised Code.

(EE) “Quarantine” means isolation pursuant to section 941.07 of the Revised Code.

(FF) “Reserve grand champion” means the second highest placing livestock entry of a show.

(GG) “Residue” means residues as defined in division (I) of section 941.01 of the Revised Code.

(HH) “Show” means that part of the exhibition restricted to exhibiting a single species and category of livestock such as, by way of example, but not limited to, market steer, dairy goats and market lambs.

(II) “Slick clipping” or “body shaving” means having hair that is less than one half inch in length on the body of market hogs.

(JJ) “Terminal show” means a show in which all livestock entered in the show are sent directly to slaughter or to a licensed livestock facility no later than or immediately following the conclusion of the exhibition.

(KK) “Tolerance level” means the detectable level of a residue or other substance in livestock, in a livestock test sample, orf in food, as that word is defined in division (A)(5) of section 3715.01 of the Revised Code, in a level less than or equal to the

maximum level determined to be safe, acceptable or non-violative by the United States food and drug administration.

(LL) “Unlawful substance” means any of the following:
(1) Any drug prohibited by division (E)(1)(b) of section 901.76 or section

2925.04 of the Revised Code; or
(2) A substance which is not normally found in or does not naturally

occur in livestock; or
(3) A substance which is normally found in or does naturally occur in

livestock, but is detected or discerned in an amount or area greater than normal; or

(4) Any drug required to be listed, but which is not listed on a drug use notification form; or

(5) Any drug present in an animal regardless of how the drug came to be present if the drug was not administered under paragraphs (A), (B) or (C) of rule 901-19-04 of the Administrative Code.

(MM) “Veterinarian” means any person licensed to practice veterinary medicine under Chapter 4741, of the Revised Code or under the similar laws of another state.

(NN) “Withdrawal period” or “withdrawal time” means the interval from the time livestock is removed from medication until all residues are within the tolerance level.

901-19-02 Types of shows; slaughter.

(A) The sponsor of an exhibition shall designate each of the shows held at the exhibition as one of the following types: terminal show, partial terminal show, or non- terminal show.

(B) All of the following junior livestock shows or classes at a fair must be terminal shows or partial terminal shows: market beef steer, market hog, market lamb, market dairy steer, veal calf and market goat unless at least thirty days prior to the opening of the show, the sponsor has submitted a written request to exempt a show from this provision, and the director has provided written authorization granting this request prior to the start of the fair.

(C) All livestock which participate in a terminal show shall be slaughtered. The livestock shall be consigned to slaughter either at the conclusion of the show or immediately following the exhibition.

(D) In a partial terminal show at least the grand champion and the reserve grand champion shall be slaughtered. Prior to the show, the sponsor of the exhibition may require that additional livestock from a partial terminal show shall be slaughtered. The livestock shall be consigned to slaughter either at the conclusion of the show or immediately following the exhibition.

(E) All livestock required to be slaughtered under this rule shall be slaughtered at a meat establishment either licensed by the department or granted inspection by the United States department of agriculture.

(F) Notwithstanding paragraphs (B), (C) or (D) of this rule, livestock required to be slaughtered under this rule may, at the option of the sponsor of the exhibition, be consigned to a licensed livestock facility for salt provided that:

(1) The livestock is consigned either at the conclusion of the show or immediately following the exhibition; and,

(2) the livestock is sold only for slaughter.
(G) From the beginning of the exhibition until departure for slaughter or consignment to a licensed livestock facility, the exhibitor or the exhibitor’s designee shall be responsible for caring for the livestock.

(H) Livestock destined for slaughter or consignment to a licensed livestock facility shall not be removed from the exhibition grounds until the livestock is transported to slaughter or to the licensed livestock facility or until the sponsor approves move- ment of the livestock to another secure area for:

(1) Disease control in accordance with paragraph (B) (4) of rule 901:1- 18-03 of the

Administrative Code; and
(2) Quarantine for residue to allow a withdrawal time as determined by

the approved fair veterinarian or in accordance with the instructions listed on the drug use notification form to elapse and may be subject to testing.

(I) All livestock destined for slaughter shall be subject to testing by the director in accordance with section 901.73 of the Revised Code.

(J) Livestock carcasses passing inspection may be released for normal disposition.

(K) During inspection or testing, if the livestock carcass is preliminarily deter- mined to have been tampered with or found to contain an unlawful substance, one of the following shall occur:

 

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(1) If the livestock carcass must be trimmed or reconditioned to comply with the meat inspection requirements, the carcass shall be trimmed and reconditioned and released to the exhibitor, unless the successful bidder accepts the trimmed or reconditioned carcass.

(2) If the livestock carcass cannot be trimmed or reconditioned, it shall e condemned in accordance with the meat inspection requirements.

(L) Livestock entered in or eligible for a carcass contest prior to or during a terminal, partial terminal or non-terminal show must be exhibition drug residue legal at the time of show and eligible for immediate slaughter.

901-19-03 Auction sales at terminal or partial terminal shows.

(A) A sponsor may hold an auction sale of livestock exhibited at a terminal or partial terminal show.

(B) An exhibitor who exhibits livestock at a terminal show or partial terminal show consents to participating in the subsequent auction sale.

(C) All bidders at an auction sale following a terminal show or partial terminal show consent to the slaughter of the livestock or delivery to a licensed livestock facility.

(D) title to livestock sold at an auction sale and subsequently presented for slaughter or sale at a licensed livestock facility shall remain vested in the exhibitor, or if the exhibitor is not the owner, in the owner until the livestock has been passed by inspection and released in accordance with paragraph (K)(1) and (K)(2) of rule 901-19-02 of the Admin- istrative Code and passes all testing performed by or at the direction of the department or the sponsor.

(E) At the discretion of the sponsor, the sponsor may collect the sale proceeds from the successful bidder and retain the proceeds until the carcass of the livestock has been released, or may allow the successful bidder to withhold payment of the proceeds until the carcass is released. In the event the carcass is not released, the sponsor shall return the sale proceeds to the successful bidder.

(F) Prior to the auction, the sponsor shall announce the identification of the exhibition livestock which have been administered drugs for which the withdrawal time has not elapsed.

901-19-04

No person shall:

(A) Administer or cause or permit to be administered a prescription drug to livestock either immediately before an exhibition or during an exhibition unless the prescription drug is administered:

(1) By or under the supervision and direction of a veterinarian; and,
(2) Only in accordance with label directions; and,
(3) In conjunction with a valid veterinarian-client-patient relationship; and,
(4) For a valid medical purpose; and,
(5) A drug use notification form is completed and filed in accordance with the applicable requirements of rule 901-19-06 of the Administrative Code.
(B) Administer or cause or permit to be administered an over the counter drug to

livestock either immediately before an exhibition or during an exhibition unless the over the counter drug is administered:

(1) By or under the supervision or direction of the exhibitor, the exhibitor’s designee, the owner of the livestock or a veterinarian; and,

(2) Only in accordance with label directions; and,
(3) Only for a valid medical purpose; and,
(4) A drug use notification form is completed and filed in accordance with the appli-

cable requirements of rule 901-19-06 of the Administrative Code.
(C) Administer or cause or permit to be administered either a prescription drug or an

over the counter drug other than in accordance with the drug’s label directions unless extra label use of the drug is:

(1) By or under the supervision and direction of a veterinarian; and,
(2) Only in accordance with the extra label directions provided by the veterinarian;

and,
(3) In conjunction with a valid veterinarian-client-patient relationship; and, (4) For a valid medical purpose: and,

(5) A drug use notification form is completed and filed in accordance with the applicable requirements of rule 901-19-06 of the Administrative Code; and,

(6) An extended withdrawal time is assigned to the drug by the veterinarian as part of the extra label directions and reported on the drug use notification form.

(D) Show, sell, or offer for sale any livestock which contains an unlawful substance or has be subjected to unacceptable practices.

(E) Show any livestock which contains a drug in an amount which exceeds the tolerance level if established or sale level; or, a drug for which the withdrawal period has not elapsed unless administered in accordance with paragraphs (A), (B) or (C) of this rule.

(F) Sell or offer for sale in an auction at a terminal or partial terminal show an animal that contains a drug in an amount which exceeds the tolerance level if established or safe level; or, a drug for which the withdrawal period has not elapsed unless administered in accordance with paragraphs (A), (B) or (C) of this rule.

(G) Exhibit an animal which has been tranquilized.
(H) Make a false statement on a drug use notification form.
(I) Fail to file or update a drug use notification form as required by 901-19-06 of the

Administrative Code.
(J) Negligently cause an unlawful substance to be present in an animal.
(K) Fail to sign a chain of custody form.
(L) Violate a mandatory rule.
(M) Violate any optional rule from which a sponsor could have exempted itself or its

exhibition, but did not.
(N) Fail to render assistance as provided by section 901.73 of the Revised Code.

901-19-05 Responsibilities of an exhibition sponsor.

(A) Every sponsor of an exhibition shall appoint a person as its records official. The records official shall receive and maintain the drug use notification forms filed under rule 901-19-06 of the Administrative Code.

(1) The records official shall reject any drug use notification form that is incomplete, illegible or unsigned. At the close of the exhibition the records official shall turn over the drug use notifications forms received by him to the sponsor.

(2) The sponsor shall maintain all drug use notification forms for a period of one year from the close of an exhibition. The drug use notification forms shall be made avail- able to the department for inspection and copying upon request.

(3) Review the submitted drug use notification forms prior to the show for compliance with paragraph (I) of rule 901-19-06 and rule 901-19-07 of the Administrative Code.

(4) Review the submitted drug use notification forms for compliance with paragraph (B) of rule 901-19-38 of the Administrative Code if applicable.

(B) The sponsor of an exhibition shall provide information requested by the director on a form prescribed by the director at least ten days before the start of the exhibition.

(C) The sponsor of an exhibition shall, prior to the start of an exhibition, establish a method of identifying each animal in a terminal, partial terminal, and non-terminal show and maintain a chain of custody for each market livestock animal from the show through consignment to either slaughter or a licensed livestock facility for sale. The sponsor shall maintain a record of the identity of each animal and its chain of custody for a period of one year from the date of the last day of an exhibition.

(D) All county and independent agricultural societies and the Ohio expositions commis- sion shall print Chapter 901:1-18 of the Ohio Administrative Code (Ohio’s livestock health exhibition rules) in their premium book for the current year.

(E) The sponsor of a county or independent agricultural society or the Ohio exposition commission shall provide a livestock exhibitor or an adult advisor, upon request, a copy of Chapter 901-19 of the Administrative Code and print in their current premium book the following notice:

“Chapter 901-19 of the Administrative Code (Ohio’s livestock tampering exhibition rules) will be made available to a livestock exhibitor or an adult advisor, upon request.”

(F) If Chapter 901-19, of the Administrative Code (Ohio livestock tampering exhibition rules) for the upcoming show season are available prior to the sponsor’s printing deadline, the sponsor may elect to include the entire text of these rules within their premium book.

(G) All other exhibitions shall provide to exhibitors, upon request, a copy of Chapters 901:1-18 and 901-19 of the Administrative Code and shall include the following statement in at least one written announcement prior to the beginning of the exhibition, “the exhibition’s management will provide, upon request of an exhibitor, a copy of Chapters 901:1-18 (Ohio’s livestock health exhibition rules) and 901-19 (Ohio’s livestock tampering exhibition rules) of the Administrative Code.

901-19-06 Drug use notification.

(A) The exhibitor and the owner of an animal are jointly and severally responsible for completing and filing the drug use notification form in the manner required by this rule.

(B) The drug use notification form shall be signed by either the exhibitor or the owner. If the person signing the form is a minor child, the form may be cosigned by a parent or guardian of the minor child.

(C) A drug use notification form shall be completed for every animal from which a test sample is collected at every terminal and partial terminal or non-terminal show and for every animal that is administered a drug either immediately before or during an exhibition.

(D) The director shall require a drug use notification form to be completed for livestock including market steer, market hog, market lamb, veal calf, market dairy steer, market goats, market poultry, lactating dairy cattle and lactating goats exhibited in a junior

Prohibited practices.

 

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livestock show at a fair.
(E) The drug use notification form shall be filed with the records official prior to the

show in which the animal is entered.
(F) The director may require a drug use notification form to be completed for livestock

exhibited at any type of show including a non-terminal show.
(G) If at any time after the drug use notification form is filed the information on the form

regarding drug use changes or if a drug is subsequently administered, an updated drug use notification form shall immediately be filed with the records official.

(H) No person shall submit an incomplete, illegible or unsigned drug use notification form.

(I) When a drug use notification form submitted to a records official for livestock is incomplete, illegible or unsigned neither the exhibitor nor the owner shall, until the defect is corrected:

(1) Receive any prizes or awards from shows in which the livestock was exhibited prior to the time the drug use notification form was to be filed.

(2) Participate in any shows or sales held subsequent to the time the drug use notification form was to be filed.

901-19-07 Quality assurance.

Sponsors shall require exhibitors at fairs sponsored by county or independent agricultural societies or the Ohio exposition commission to annually attend or complete a quality assurance program sponsored and conducted cooperatively by the exhibition sponsor, Ohio State University extension and FFA or agricultural commodity organizations before exhibiting terminal or partial terminal market livestock, including market poultry, lactating dairy cattle and lactating goats in a junior livestock show.

901-19-09 Drug residues in non-terminal show animals.

(A) A person may, notwithstanding paragraph (E) of rule 901-19-04 of the Administrative Code, show at a non-terminal show an animal which has been administered a drug provided they are in compliance with all of the following:

(1) The drug is a prescription drug or an extra label use of a drug and the drug is prescribed by a veterinarian pursuant to a valid veterinarian-client-patient relationship; and,

(2) The drug is administered or used only in accordance with label directions or the prescription; and,

(3) The drug is administered or used only for medical purposes; and,

(4) A drug use notification form is completed and filed in accordance with the appli- cable requirements of rule 901-19-06 of the Administrative Code.

(B) Milk or other food obtained from livestock administered or treated with a drug and permitted to exhibit pursuant to paragraph (A) of this rule shall not be used for human consumption.

(L) Humane ringing; (M) Tail docking; (N) Ear notching; (O) Ear tagging; (P) Shearing;

(Q) Drenching of lambs for a medical condition at an exhibition when diagnosed by a licensed veterinarian;

(R) Acceptable surgery, including clamps, bands and chemical castration.

(S) Application of ice, ice packs, cold packs or cold compresses prescribed to relieve heat stress or a medical condition diagnosed by a licensed veterinarian at an exhibition.

901-19-13 Unacceptable practices.

The following practices are detrimental to the health, safety, and welfare of livestock and are prohibited:

(A) Applying any electrical, mechanical, or other appliance to livestock repeatedly or for a prolonged time period in violation of section 313.2 of the United States code of fed- eral regulations;

(B) Hitting, striking, beating, or otherwise impacting livestock that induces swelling or enhances, transforms or changes the true conformation, configuration, or appearance of the livestock;

C) Plugging of teats;
(D) Sealing of teats using unapproved substances or for longer than eighteen hours

using approved substances;
(E) Injecting material into udders or teats for non-medical purposes or otherwise

artificially modifying the appearance or conformation of the udder or teat;
(F) Using ice, ice packs, cold packs or cold compresses internally or externally other

than in accordance with paragraph (S) of rule 901-19-12 of the Administrative Code;
(G) Using a stomach tube or pump for any purpose other than for the relief of tympany or gas on the day of exhibiting.
(H) Drenching of lambs at an exhibition is prohibited except as permitted under

paragraph (Q) of rule 901-19-12 of the Administrative Code.

901-19-19 Absolute liability.

(A) Both the exhibitor and the owner of livestock are absolutely liable to discipline under rule 901-19-21 of the Administrative Code for the presence of an unlawful substance in livestock and unacceptable practices done to livestock.

(B) If the exhibitor or the owner was a minor child at the time the unlawful substance or unacceptable practice was detected, the parent or guardian of the person shall also be absolutely liable to discipline under rule 901-19-21 of the Administrative Code for the presence of an unlawful substance in livestock and unacceptable practices done to live- stock.

(C) The director or the sponsor in imposing discipline under paragraph (A) of this rule upon a person, shall mitigate the discipline imposed based upon one or more of the fol- lowing facts if established.

(1) The person did not introduce the unlawful substance into the animal or do any unacceptable practices to the livestock;

(2) The person had no actual or constructive knowledge that the unlawful substance was introduced into the livestock or that unacceptable practices had been done to the livestock;

(3) The unlawful substance was not introduced into the livestock and the unaccept- able practices were not done to the livestock through the person’s negligence.

901-19-21 Disciplinary action.

(A) Any person who violates a provision of sections 901-70 through 901-76 inclusive, or 2925.04 of the Revised Code or any provision of this chapter, is subject to any of the following disciplinary actions:

(1) Disqualification from any exhibition;
(2) Disqualification of the exhibition livestock from any exhibition; (3) Continuing education;
(4) Written letter or reprimand;
(5) Forfeiture or return of awards, prizes, premiums or proceeds; (6) Pre-exhibition drug testing.

(B) Disqualification may include any or all shows and classes and may be for any number of years.

(C) Anyone who violates rule 901-19-07 of the Administrative Code may be given a letter or reprimand for the first offense.

901-19-31 Responsibilities of and assistance to junior fair exhibitors.

(a) A junior livestock show exhibitor shall be responsible for the continuous care, grooming, and preparation of the livestock entered in the junior livestock show.

(B) An exhibitor may receive assistance in the care, grooming, and

901-19-10

Testing requirements and test results.

(A) Urine, blood, tissue and other test samples shall be collected in accordance with the Ohio department of agriculture’s protocol for the collection of livestock test samples at exhibitions. Test samples may be collected before, during or immediately after a show. Deviation from the protocol shall be noted.

(B) The director may at his discretion, collect any urine, blood, tissue or other test samples from exhibition animals at the time of slaughter.

901-19-11 Humane treatment of livestock.

(A) A person shall treat livestock in a humane manner and in accordance with accept- able commercial practices so as to protect the health, safety and welfare of the livestock. (B) All exhibitors shall comply with and abide by the policy statement and “code of

practices” of the Ohio Livestock Coalition.

901-19-12

Acceptable practices.

The following practices are deemed acceptable to protect and promote the health, safety, and welfare of livestock:

(A) Adding caffeine free soda pop, gelatin, or other sweeteners to drinking water in nominal amounts to encourage water consumption;

(B) Hoof trimming;
(C) Cosmetic dehorning in market class livestock;
(D) Using collodion as a teat sealant, but for no longer than eighteen hours; (E) Adding molasses or other sweeteners to feed to encourage consumption; (F) Properly administered and approved growth implants;
(G) Castration;
(H) Beak trimming;
(I) Dehorning:
(J) Tattooing;
(K) Hot or freeze branding;

2019 Auglaize County Fair

preparation of the livestock entered in the junior livestock show, provided that the assis- tance shall be limited to explanation or demonstration provided by the following:

(1) Family members;
(2) Household members;
(3) Advisors or adult volunteers of 4-H or FFA in the exhibitor’s club or county; (4) Vocational agriculture instructors;
(5) County extension agents;
(6) Department representatives;
(7) Veterinarians;

(8) Members of the exhibitor’s 4-H club, FFA chapter, or other youth organizations;

(9) Guest speakers of the 4-H, FFA, or other youth organizations.
(C) Any person not specified in paragraph (B) of this rule who provides assistance to a junior livestock show exhibitor shall register in writing with the sponsor. The responsibility to register rest with the exhibitor. An assistant may register for more than one exhibitor. Failure to register constitutes grounds for disciplinary action against the exhibitor. Assistance shall be limited to explanation and minimal demonstration.

901-19-32 Breed shows or classes.

In breed shows or classes, the rules of the breed association shall constitute accepted grooming practices for that breed’s show or class, unless otherwise modified by a mandatory rule.

Page 99

901-19-33

Prohibited grooming practices.

(B) No person shall register, enter or exhibit livestock in a junior breeding livestock exhibition unless the person has owned the livestock for not less than sixty days or, if the livestock is registered, the livestock has been registered in the person’s name for not less than sixty days.

(C) For any exhibition other than those listed in paragraphs (A)(1) to (A)(6) and para- graph (B) of this rule, the length of time a person shall own livestock before the person may register, enter or exhibit the livestock at an exhibition may be set by either the sponsor of the exhibition or a breed association.

REGULATION FOR RACING COMPETITION

959.05

Drugging animal prior to competition restricted
No person shall administer to any animal within forty-eight hours prior to the time

that the animal competes at a fair or exhibition conducted by a county or independent agricultural society authorized under Chapter 1711. of the Revised Code or by the Ohio expositions commission any drug or medicament not promulgated pursuant to Chapter 3769. of the Revised Code or under rules of the society, in respect to a county or indepen- dent agricultural society, or of the Ohio expositions commission, in respect to the Ohio State Fair. This section does not apply to any horse racing meeting conducted under a permit issued pursuant to Chapter 4769. of the Revised Code.

HISTORY: 136 v H894. Eff 2-26-76.
Not analogous to former RC 959.05 (GC 13364; Bureau of Code Revision, 10-1-

53), repealed 132 v H 842, Eff 12-14-67. Cross-References to Related Sections Penalty, RC 959.99.
Research Aids

Offenses generally:
C. J. S.; Animals 91 et seq. 99,317 et seq West Key No. Reference Animals 34, 41, 45

FURTHER REGULATIONS CONCERNING INJURY/DEATH OF AN ANIMAL

959.99

(A) Whoever violates section 959.01, 959.18 or 959.19, of the Revised Code is guilty of a minor misdemeanor.

(B) Whoever violates section 959.02 of the Revised Code, if the value of the animal killed or the injury done amounts to less than three hundred dollars, is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars or more, such person is guilty of a misdemeanor of the first degree.

(C) Whoever violates section 959.03, 959,06, 959,12, 959.15, or 959.17 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(D) Whoever violates division (A) of section 959.13 of the Revised Code is guilty of a misdemeanor of the second degree.

(E) Whoever violates section 959.14 of the Revised Code is guilty of a misde- meanor of the second degree on a first offense; on each subsequent offense such person is guilty of a felony of the fourth degree.

(G) Whoever violates section 959.16 of the Revised Code is guilty of a felony of the fourth degree.

HISTORY: 134 v 511 (Eff 1-1-74); 136 v H 894 (Eff 2-26-76); 138 v S 233 (6-10- 80); 138-v H 854 (Eff 1-1-81); 139 v S 199. Eff 7-1-83.

The provisions of 10 of S 199 (139 v-) read as follows:
Section 10. Sections 301.27, 959.99, 1333.99, 2909.03, 2909.05, 2909.11,

2913.11, 1913.21, 1913.43, 1913.51, 2913.61, 2915.05, and 4933.99 of the Revised Code, as amended by this act, shall effect on July l, 1983, and shall apply only to offenses committed on or after July 1, 1983.

Cross-References to Related Sections
Penalty for misdemeanor, RC 2929.21; minor misdemeanor, RC 2929.21 (D)

The following grooming practices are prohibited in market classes, non-breed shows or classes, and breed shows or classes unless those grooming practices are permit- ted under rule 901-19-32;

(A) Using any substance to enhance or change the color of the livestock, including the livestock’s hide or hooves;

(B) Adding any substance externally to build up, change or alter the shape or confor- mation of the livestock, including by way of example but not limited to rope, false hair, graphite, hemp, and powders;

(C) Pigmented grooming aides or materials.
(D) Slick clipping or body shaving of market hogs except on the ears and tails.

901-19-34 Outstanding market project competition.

An exhibition may provide for an outstanding market project competition in one or more classes. The competition may include an evaluation of the livestock, demonstration of the exhibitor’s showmanship abilities, and a skillathon or interview judging. The skillathon or interview judging may include demonstration of the exhibitor’s knowledge of quality assurance principles, as set forth in an industry publication or in a publication such as the “caring for animals” handout or by viewing the “Caring for Animals Video” available from a county extension office.

901-19-35 Recognition of disciplinary actions.

(A) Disciplinary action by a sponsor against a person for a violation of sections 901.70 to 901.76, inclusive, or 2925.04 of the Revised Code or chapter 901-19 of the Administrative Code or chapter 901-19 of the Administrative Code shall be given full faith and credit and shall be honored at all exhibitions.

(B) A person who has been convicted of violating section 901-70 to 901-76, inclusive, or 2925.04 of the Revised Code shall be prohibited from participating in any exhibition for a minimum period of three years.

901-19-38 False, deceptive or unacceptable practices.

(A) Castration of livestock for purposes of this rule which exceed the following criteria is an unacceptable practice:

(1) Cattle over eight months of age; (2) Swine over seventy-five pounds; or (3) Sheep over seventy-five pounds.

(B) Show any market livestock which has been treated in accordance with paragraph (A), (B) or (C) of 901-19-04 of the Administrative Code when a side effect of the drug conceals, enhances, transforms or changes the true confirmation or condition of the live- stock.

(C) Any natural occurrence or surgical process which results in testicular or accessory reproductive tissue remaining in the body of exhibition livestock except rabbits and poultry.

901-19-39 Ownership Requirements.

(A) No person shall register, enter, or exhibit in a junior livestock exhibition any of the livestock listed in paragraphs (A)(1)( to (A)(6)